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Laplante v. Laplante

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


February 23, 2010

IN THE MATTER OF HERODE LAPLANTE, APPELLANT,
v.
NADINE LAPLANTE, RESPONDENT.

In a family offense proceeding pursuant to Family Court Act article 8, the petitioner appeals from an order of the Family Court, Kings County (Ross, J.H.O.), dated April 16, 2009, which dismissed the petition.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

A. GAIL PRUDENTI, P.J., MARK C. DILLON, RANDALL T. ENG and SHERI S. ROMAN, JJ.

(Docket No. O-4552-09)

DECISION & ORDER

ORDERED that the order is affirmed, without costs or disbursements.

We reject the petitioner's contention that the Family Court should have amended his petition sua sponte to include an allegation that the respondent slapped him. A pleading may be amended to conform to the proof, unless the amendment would prejudice the opposing party (see CPLR 3025[c]). Here, such an amendment would have prejudiced the respondent because, without notice of the factual allegation, she could not prepare her case. PRUDENTI, P.J., DILLON, ENG and ROMAN, JJ., concur.

20100223

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